Man Who Helped Breach the East Rotunda Entrance to the Capitol Gets 90 Days’ Jail, 2 Years’ Probation

Jeffrey Alexander Smith inside the Capitol on Jan. 6, 2021. He was sentenced to 90 days in jail on a count of parading, demonstrating or picketing. U.S. Department of Justice/Screenshot via The Epoch Times

A Colorado man who pushed aside barricades and helped protesters enter the U.S. Capitol Rotunda through the historic Columbus Doors on Jan. 6, 2021, was sentenced in federal court Tuesday to 90 days in jail and two years of probation.

Jeffrey Alexander Smith, also known as Alex Smith, 34, longtime resident of San Diego County who now lives in Colorado Springs, was sentenced on one count of parading, demonstrating, or picketing in a Capitol building—a petty misdemeanor. As part of a plea agreement, three other charges were dismissed.

Prosecutors said Smith moved metal benches placed by police to block the inside doors on the east side of the Capitol. Police initially prevented him from opening the doors, but he returned in a large group that sandwiched police against the doors, causing them to open. Protesters then streamed into the Rotunda and moved into other areas of the Capitol.

“Far from being a follower simply caught up in the crowd, Smith—a former Army sergeant—quite literally led the charge to open the Rotunda doors from the inside to let in a violent mob clearly visible to him through the damaged door windows on the outside,” prosecutors wrote in a 34-page sentencing memorandum.

Jeffrey Alexander Smith removes metal benches from the east Rotunda entrance at the U.S. Capitol on Jan. 6, 2021. U.S. Department of Justice/Screenshot via The Epoch Times

Just before 3 p.m. on Jan. 6, Smith and other protesters approached police guarding an access point to the Office of the Speaker of the House. “Smith told the officers to ‘stand down’ and warned them, ‘We’re getting in there one way or another,’” read the sentencing memo.

“The rioters soon physically assaulted the officers, but police body-worn cameras videos are not clear on whether Smith participated in this physical assault by the rioters,” prosecutors wrote.

‘Cheered Other Rioters’

Smith made a video as he also accessed the Capitol via the Upper West Terrance entrance. He “cheered other rioters” and shouted, ‘We ain’t going to take it’ and ‘Let’s [expletive] go, patriots,’” according to the prosecution memo.

Before U.S. District Judge Reggie B. Walton pronounced sentence, prosecutor George P. Eliopoulos and defense attorney John J. Rice of San Diego made oral arguments on whether Walton could impose a “split sentence” with jail and probation.

Confusion has arisen on the interpretation of federal law as it relates to petty-offense misdemeanors. Rice argued that U.S. Code plainly prohibits a split sentence for petty misdemeanors. He said the U.S. Court of Appeals has said split sentences are not allowed.

As it has in other misdemeanor cases, the U.S. Department of Justice argued that judges do have the discretion to impose jail time and a period of probation.

Federal judges in the District of Columbia Circuit are divided on the issue. Judge Royce C. Lamberth issued a written ruling on March 14 that allows split sentences for misdemeanors such as the parading, demonstrating, or picketing charge used against many Jan. 6 defendants.

Just prior to issuing the written ruling, Lamberth sentenced James Leslie Little, 51, of Claremont, North Carolina, to 60 days in jail and three years of probation on the parading charge. Little’s attorney said he plans to appeal.

Earlier, Judge Colleen Kollar-Kotelly issued a ruling that split sentences are not allowed, meaning judges must choose a punishment of jail time or the extended court supervision of probation.

A mob that included Jeffrey Alexander Smith pushed police against the east Rotunda doors, causing the doors to open. U.S. Department of Justice/Screenshot via The Epoch Times

Judge Dabney L. Friedrich agrees, a position she cited Tuesday in sentencing Kevin D. Loftus to three years of probation for one count of parading, demonstrating, or picketing in a Capitol building. Prosecutors asked for 30 days’ jail and three years of probation.

Walton said he found Lamberth’s ruling on the issue to be most convincing, so he sentenced Smith to 90 days’ jail, two years of probation, 200 hours of community service, and $500 restitution that will go to the Architect of the Capitol.

“There have to be consequences for what people do,” Walton said, “especially something of this magnitude.”

Smith said the hardest thing will be separation from his children during the jail term.

“I understand what I did was wrong. I’m willing to pay for it,” Smith said. “I know what I did was wrong and I need to do my time for it. I’m going to miss my kids, that’s all.”

As he has in other sentencing hearings, Walton said the message needs to be sent that such behavior can’t be tolerated if the United States is going to uphold democracy.

“If one side’s not willing to accept the reality of an election, then we are really headed down a road where we’re going to see our democracy die,” he said.

Walton granted a request that Smith be allowed to serve his time at the Bureau of Prisons facility in Florence, Colorado.